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State of Tripura - Section

Section 97 in The Tripura Co-operative Societies Act, 1974

97. Attachment before award and interlocutory orders.

(1)Where a dispute has been referred to the Registrar or his nominee or board of nominee under Section 95 or under Section 108 or where the Registrar or the person authorised under Section 88, hears a person against whom charges are framed under that section, the Registrar or his nominee or board of nominees, or as the case may be, the person so authorised under Section 88, if satisfied on enquiry or otherwise that a party' to such dispute or against whom proceedings are pending under Section 88 with intent to defeat, delay or obstruct the execution of any award or the carrying out of any order that may be made,-
(a)is about to dispose of the whole or any part of his property, or
(b)is about to remove the whole or any part of his property from the jurisdiction of the Registrar, the Registrar may, unless adequate security is furnished, direct conditional attachment of the said property and such attachment shall have the same effect as if made by a competent civil Court.
(2)Where the Registrar, his nominee or board of nominees or the person authorised under Section 88 directs attachment of property under the foregoing sub-section, he shall issue a notice calling upon the person whose property is so attested to furnish security which he thinks adequate within a specified period; and if the persons fails to provided the security so demanded, the Registrar or his nominee or board of nominees, or as the case may be, the person authorised under Section 88, may confirm the order and after the decision in the dispute or the completion of the proceedings referred to in the foregoing sub-section, may direct the disposal of the property so attached towards the claim, if awarded.
(3)Attachment made under this section shall not affect the rights, subsisting prior to the attachment of the property of persons not parties to the proceedings in connection with which the attachment is made, or bar any person holding a decree against the person whose property is so attached from applying for the sale of the property under attachment in execution of such decree.
(4)The Registrar or his nominee or board of nominees, or the person authorised under Section 88, as the case may be, may, in order to prevent the ends of justice being defeated, make such interlocutory orders pending the decision in a dispute referred to in sub-section (1) as may appear to be just and convenient.